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Poster: Administrator, Curator, or StaffThe_Emperor_Of_Television Date: Apr 18, 2012 7:22am
Forum: feature_films Subject: A "music composition" copyright question

I asked this on another section but didn't get a reply, so I am asking it here where it seems more likely that someone will know:
In my "Compilation of Classic TV Footage" videos I upload to the internet archive, I collect clips from public domain TV series. Would it be breaking the law if I, for example, used a clip from a live performance of Snooky Lanson singing some forgotten 1950s hit (for which the composition, ie words & music, are still copyrighted) on the public domain series "Your Hit Parade"?

If this is OK, then there's a lot more clips I can use (including things from singers so obscure they make Snooky Lanson seem famous by comparison. Then again I'd like to use clips featuring popular singers too. They are all live performances in public domain series. Yes, trust me, "Cavalcade of Stars" is not under copyright).

Any infomation about whether doing this would break the law will result in my giving a reply saying "thank you".

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Poster: jory2 Date: Apr 20, 2012 7:28am
Forum: feature_films Subject: Re: A 'music composition' copyright question

Hi The_Emperor_Of_Television:
A less complicated answer would be; if the clips "Works" are public domain no "Rights" of any type apply, this includes copy, distribution and any of the neighboring Intellectual Property Rights, i.e "performance rights".
"Works" in the Public Domain are no longer Copyright Protected by a sole Rightful owner.
However "Works" that are still Copyright Protected can not be "Used" (legally) without express consent from the Rightful owner of the Works.
Up loading the "Works" to any website, including the Internet Archive, is making a "public performance" of said "Works" and is a violation of Copyright.
The U.S. Copyright Act (DMCA) does have a "Fair-use" doctrine that is useful when making public Uses of Copyright Protected Intellectual Property that are Copyright Protected under the U.S. Copyright Act(s), "fair-use" may be of help to you?

The EFF has a good like to such a site: teachingcopyrightDOTorg.

Hope this helps?


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Poster: Frank Panucci Date: Apr 18, 2012 2:31pm
Forum: feature_films Subject: Re: A 'music composition' copyright question

Where are you using the clips? If it's for broadcast more visible than cable access, you face obstacles. Musical compositions after the late 20s, and essentially all audio recordings, have become tragically encumbered with various rights assertions. Google will lead you to much, much more information about the subject, but the bottom line is even obscure music needs to be cleared for broadcast. For your own YouTube channel presentations, don't worry about it unless you hear from YouTube.

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Poster: Administrator, Curator, or StaffThe_Emperor_Of_Television Date: Apr 19, 2012 11:51am
Forum: feature_films Subject: Re: A 'music composition' copyright question

The project is for the Internet Archive.

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Poster: HektorT Date: Apr 20, 2012 1:05am
Forum: feature_films Subject: Re: A 'music composition' copyright question

For music there are Performance rights and Copyrights. Performance right (the P inside the circle) is the right to use that performance, Copyright is the right to use the musical composition. So if you recorded mozart today, the music composition would be PD, but your recording would not be.

Generally speaking, music on PD films is cleared for use with that film forever (synchronization rights), so as long as you don't separate it from the movie or TV show it is fine. As soon as you do separate it, it's a whole different ball game. Additionally, even if you wanted to license the music, music rights are typically assigned on a country by country basis via a rights clearing house which makes the process expensive and complicated. For this reason, many works use original or royalty free music.

You can search for Sita Sings the Blues interview on YouTube, watch an interview with the creator and hear her complaining about not being able to use everything she found for free. You'll get an earful worth of information on this topic.

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Poster: Administrator, Curator, or StaffThe_Emperor_Of_Television Date: Apr 20, 2012 2:41am
Forum: feature_films Subject: Re: A 'music composition' copyright question

So using the clip should be fine as long as the video of the segment is also included? OK then, seems fair.

Thanks for both of you for the info.

This post was modified by The_Emperor_Of_Television on 2012-04-20 09:41:03

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Poster: HektorT Date: Apr 20, 2012 6:41am
Forum: feature_films Subject: Re: A 'music composition' copyright question

That's not exactly what I said and I don't know the answer. Synchronized with the film generally means the whole film. In the United States, moral rights usually don't come into play. But cutting something up and changing its meaning requires Moral Rights and it could be a factor here.

Usually excerpts can also be used for promotional work, but it's not possible to be sure without seeing the contract. If the music is copyrighted separately then this is quite probably not allowed.

This post was modified by HektorT on 2012-04-20 13:41:58

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Poster: Frank Panucci Date: Apr 20, 2012 6:39am
Forum: feature_films Subject: Re: A 'music composition' copyright question

It's only "fine" in the sense that if you use the clips in a small way, such as compiling them here on the archive in a humorous or otherwise entertaining way, nothing bad will happen. However, mechanisms by which rights-holders can demand take-down exist. It's long shot, but it can happen.

I produce and edit stuff for broadcast. The tedium of "cue sheets" is a legally necessary burden dragging along behind nearly every program which includes any kind of music.

http://www.royalty-free.tv/rftv/cuesheets.htm

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Poster: HektorT Date: Apr 21, 2012 6:26am
Forum: feature_films Subject: Re: A 'music composition' copyright question

@Frank Panucci: Took a look at the link you gave. I don't really understand the purpose of your post as it is completely inapplicable in the case of the OP. Here is an excerpt from your same website:

>>http://www.royalty-free.tv/rftv/what-is-royalty-free-music.htm:
This permission to actually copy and include a music recording into a new media project is known as the 'mechanical' right. When this music is to be used accompanying pictures, there is also a 'synchronisation' right. It is these permissions that royalty free music libraries make available quickly and simply. The permission is for a media producer to include the music in their new production. This could be for example a new TV programme, movie, website, on-hold production, corporate video. As the media producer, you do not have to pay any further fees to the royalty free music library, no matter how your new media production is used, so long as you foollow their simple license terms. Different royalty free music librraies may have slightly differing terms to their licences, but this broad principle remains true.
[...]
But confusion over royalty payments can sometimes happen when the boundaries between producer and broadcaster become blurred. A few years ago the only way to broadcast music was via TV or Radio, and it was quite clear who these broadcasters were. Now there are many new ways to play music to the general public, such as via the internet, podcasts, telephone on-hold systems, background music in retail for example. In most countries the local PRO does not consider these to be 'broadcasts', however in a few countries they do, and this is where the confusion can happen. This means they will ask the person broadcasting to pay a small fee because they are broadcasting music. For example, in the UK the local PRO (the PRS) has started (in 2008) to charge a small annual fee for UK-owned and UK-based websites who play music. So in this case you could be the media producer, but also be considered a broadcaster, and it's as the 'broadcaster' that the PRO will want to charge you a license to broadcast music.<<

Even in the exceptional case it shows that in most countries you could broadcast music from your website without the need for "cue sheets".


This post was modified by HektorT on 2012-04-21 13:26:32

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Poster: Frank Panucci Date: Apr 21, 2012 7:21pm
Forum: feature_films Subject: Re: A 'music composition' copyright question

Yes. I believed I addressed that in saying for YouTube or archive.org repurposing most likely no special pains must be taken

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Poster: HektorT Date: Apr 20, 2012 1:30pm
Forum: feature_films Subject: Re: A 'music composition' copyright question

Radio & TV are very specific cases and cue sheets are not required for most digital media productions that aren't broadcast via those channels.

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Poster: Administrator, Curator, or StaffThe_Emperor_Of_Television Date: Apr 21, 2012 2:07am
Forum: feature_films Subject: Re: A 'music composition' copyright question

So would combining the clips (as I already said, the TV episodes comtaining the live performances are public domain, but not the compositions themselves) in a video (as I already said, intended for upload to the Internet Archive) whose purpose is to combine clips from various public domain TV series (example: Cavalcade of Stars) to demonstate the styles of TV in the 1950s (to a much smaller extent the 1940s and 1960s, where less public domain clips survive) be OK?

These copyright laws are really confusing me.

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Poster: HektorT Date: Apr 21, 2012 6:13am
Forum: feature_films Subject: Re: A 'music composition' copyright question

Using short clips for non-commercial educational purposes could fall under "Fair Use". If you start out with a disclaimer "For Educational Use Only", perhaps you will have done well.

You are unlikely to get a definitive answer here.